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Criminal Code of the Aurentine Commonwealth
Author: Kouralia Sponsors: Malgrave, Nihilistic View, Seelelander, Phing Phong, Oneracon, New Zephua A - Terminology: *'Person X', 'The Perpetrator', 'X' or 'Indvidual X' refers to the individual in an example who commits the crime. *'Person Y', 'The Victim', 'Individual Y' or 'Y' refers to the individual in an example who is wronged. *'Constable Z', or 'Z' refers to any Law Enforcement Personnel in an example. ---- B - Altercations and Crime: i Assault: An assault is the unnecessary and unlawful employment or threat of employment of physical force against another individual, whether intended to result in injury or not. It is a Delict. ii Battery: A Battery is the unnecessary and unlawful employment of physical force against another individual resulting in or intended to result in injury, whether with or without a weapon. It is a Delict. iii Incitement of Violence: Incitement of Violence is when Person X encourages (with intent) an additional party to employ unlawful physical force against Person Y. It is a Contravention. iv Affray: Affray is whereby two Persons X engage in unlawful fighting. It is a Contravention. v Harassment: Harassment is continued use of any action against Person Y by Person X which causes a state of fear or unease. It is a Contravention. vi Reckless Endangerment: Reckless Endangerment is determined as any action taken or behavior adopted without regard to the impact of one's actions on others, which could cause immediate and pressing concern for individual or public safety. This includes non-road-worthy vehicles and lack of appropriate fire-arms safety. It is a Delict. vii Kidnapping: Kidnapping is determined to be extricating a person from a situation or location without their consent. It is a Delict. iix Unlawful Imprisonment: Unlawful Imprisonment is determined to be keeping a person in a location against their will. It is a delict. C - Loss of Property: i Theft: Theft is determined as the unlawful and non-consensual acquisition of property through means other than guile. It is a Delict. ii Fraud: Fraud is determined as the unlawful acquisition of property, capital, or favors, which would otherwise be non-consensual, through the use of guile. It is a Delict. iii Vandalism: Vandalism is determined as the wanton destruction or defacing of another individual's or a state's property. It is a Delict. iv Arson: Arson is determined as the deliberate or wrongful igniting of a fire which endangers or destroys property, life, or well-being, either of an individual or the state. It is a Delict, and must be combined with Vandalism, Assault, Murder, Manslaughter or Attempted thereof. v Breaking and Entering: Is determined to be making entrance into a property through force when said entrance does not have the consent of the owner. It is a Contravention. D - Breach of The Peace: A Breach of the Peace is defined as a situation whereby conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community occurs. It is not an offence in and of itself, however a Constable may remove an individual (and arrest them for resisting such removal) from a situation if their presence is likely to cause a Breach of The Peace. A Breach of the Peace Offence includes the following: i Unlawful Assembly: Unlawful Assembly is where a group of people remain undispersed after Constable Z issues an order for their Assembly to disperse. It is a Contravention. ii Rioting: Rioting is where an undispersed crowd (post order to disperse in accordance with Ci) is engaged in other illegal activities, including Theft, Vandalism, Rioting, Resisting Arrest, Murder, Affray, Assault etc. It is a Delict. iii Public Drunkenness: Public Drunkenness consists of failing the Police Inebriation Test upon demand in a public location. It is a Contravention. iv Disorderly Conduct: Disorderly Conduct consists of actions liable to cause a Breach of The Peace while not in an unlawful assembly. It is a Contravention. E - Loss of Life: i Murder in the First Degree: Murder in the First Degree is determined to be the premeditated killing of Person Y by Person X. It is a Felony. ii Murder in the Second Degree: Murder in the Seond Degree is determined to be the implusive, intentional but not premeditated killing of Person Y by Person X. It is a Felony. iii Manslaughter: Manslaughter is determined as the unintentional killing of Person Y by Person X. It is a Delict. iv Death by Dangerous Driving: Death by Dangerous Driving is determined as Manslaughter committed through the medium of a controlled vehicle - where the fault of the incident lies with the driver. It is a Delict which mandates additional punishment with regard to license to own and/or operate said form of vehicle. v Death by Gross Negligence: Death by Gross Negligence is determined to be one where by the Manslaughter was avoidable if Person X had performed any check or action mandated by Implicit or Explicit rules. It is a Delict which may mandate an additional punishment with regard to confiscation of materials. vi Criminal Neglect: Is determined as the abandonment of an individual under the age of seventeen or a dependent, whether temporary of conclusive, which endangers the physical, mental, or emotional well-being of the minor or dependent in question. It is a Contravention, however may be applied on top of Death by Gross Negligence. F - Sex Offences: i Sexual Harassment: Sexual Harassment is determined by repeated unsolicited communication (through paralinguistic actions, verbal, typed, written, electronic or other such means) of a sexual nature which causes Person Y to enter a state of discomfort. It is a Contravention. ii Sexual Assault: Sexual Assault is determined by any unsolicited action of a sexual nature involving contact which causes Person Y to enter a state of discomfort, or any action of a sexual nature (including sexual harassment) which reasonably causes a state of fear in person Y. It is a Delict. iii Rape: Rape is determined as non-consensual intercourse between Persons X and Y. It is a Felony. iv Statutory Rape: Statutory Rape is determined as intercourse between Person X and an under age Person Y. It is a Delict. v Sexual Offences toward a Minor: Sexual Offences toward a Minor is determined as Rape, Sexual Assault or Sexual Harassment toward an individual under the age of consent and mandates a more serious Punishment than the equivalent offence against an individual over the age of consent. vi Possession of Child Pornography: PoCP is determined as knowingly holding or possessing pornographic materials, defined as any images designed to incite sexual arousal, which portray or depict at least one or more real individuals under the age of consent. It is a Delict. F - Offences Relating to Law Enforcement: i Resisting Arrest: Resisting Arrest is defined as acting in a manner whereby Person X intends to escape from or combat Constable Z in the act of lawfully arresting Person X. It is a Contravention, on top of any other offence. ii Impeding the Duties of a Public Officer: IDPO is determined to be any act (whether or not it involves assault on Constable Z or not) whereby any third party attempts to impede a Police Officer in the lawful discharge of his or her duties. It is a Contravention, and is on top of any other offence. iii Wasting Police Time: Wasting Police Time is determined to be any action whereby a crime is falsely reported to a degree that it affects the Constabulary's ability to deal with other crime. It is a Contravention. iv Giving False Evidence: Giving False Evidence (whether it leads to a wrongful conviction or not) is determined to be the act of knowingly falsely testifying verbally or in a written/electronic manner, or providing falsified evidence. It is a Delict. v Impersonation of a Police Officer: IPO involves any action, dress or communication whereby an individual intends to appear as an officer of the law to a degree that members of the public can be reasonably expected to derive confusion. This is a Contravention even if the intent was not to exploit the situation. vi Concealment of Crime: CoC is determined to be knowing of a crime, and not reporting it to the police. It is a Contravention, but may be taken as Complicity in the Crime. G - Communication and Membership Offences: i Slander: Slander is determined as spoken untruthful and malicious defamation of character. It is a Contravention. ii Libel: Libel is determined as written untruthful and malicious defamation of character. It is a Contravention. iii Blackmail: Blackmail is determined by using information about Person Y to force Person Y's hand in an action. It is Contravention, but can be added on to Concealment of a Crime. iv Language Liable to Cause Affray: LLCA is determined to be employment of Taboo Lexis, or Lexis intended to cause offence in another individual. It is a Contravention. v Membership of an Illegal Organisation: MIO is determined to be identifying as a member of an organisation which is illegal. It may result in complicity with any action that organisation commits depending on the context of 'membership'. This may not even be with regard to the normal definition of Complicity. It is a delict, and Complicity in... may arrive on top. ---- H - Additional Notes: Complicity in... refers to knowledge of a crime prior to it being committed, and not taking action to prevent it. It carries the same punishment as the crime, but cannot be a Felony. Assisted... refers to taking action to aid committing a crime. It carries the same punishment as the crime. Attempted... refers to taking actions to perpetrate a crime, but not completing the act for external reasons. It carries the same punishment as the crime. Intent to... refers to taking actions to perpetrate a crime, but not initiating the act for external reasons. It carries the same punishment as the crime, but cannot be a Felony. The Above are hereby determined to be Crimes: thus arrests may be made for, charges may be brought for and a trial may follow on from committing them.